Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Nebraska attorney.
Detailed answer: how to confirm whether a will is the original under Nebraska law
When you receive a document that is purported to be a last will and testament, the most important immediate question is whether you are holding the original signed will or merely a copy. Nebraska courts treat original wills differently than copies, so confirming authenticity matters for probate.
Look for physical signs of an original
- Original signatures: An original will generally contains the testator’s (person who made the will) original signature in ink. Look for pen pressure, ink variability, and indentations from the pen.
- Witness signatures: Most Nebraska wills are valid when signed by the testator and at least two witnesses. Check that witness signatures appear and look original (ink and pen pressure).
- Notary or self-proving affidavit: Many wills include a self-proving affidavit signed by the testator and witnesses in front of a notary public. A self-proving affidavit, if present, simplifies probate because the court accepts the will without calling the witnesses to testify. A notary seal or embossed stamp is often present on originals.
- Paper and printing characteristics: Originals may show folds, aging, watermark, or different paper stock than a modern photocopy. Copies often show uniform toner, scan lines, or lighter text where originals have ink depth.
- Certifications or court stamps: If the will was previously filed in a county court for safekeeping or probated, it might carry a court filing stamp or certified copy notation.
Steps to verify the document
- Do not alter the document. Store it flat in a clean place and minimize handling. Keep the envelope and any packaging it arrived in; they may show chain-of-custody facts.
- Compare signatures. If you have access to other known-original signatures of the testator (for example, on deeds or contracts), compare them for consistency. If you do not have such documents, an attorney or forensic document examiner can help.
- Check for a self-proving affidavit. If the will includes a self-proving affidavit and notarization, courts in Nebraska usually admit the will without live witness testimony. For Nebraska law about probate and will formalities, see Nebraska Revised Statutes, Chapter 30 (Probate Code): Neb. Rev. Stat. Chapter 30 (Probate Code).
- Contact the county court where the decedent lived. The county court (probate division) can tell you whether the will has already been filed, whether it was admitted to probate, or whether a certified copy exists on file. Nebraska’s judicial branch provides probate resources and court contacts at: Nebraska Judicial Branch – Probate Self-Help.
- If the original has already been filed for probate, request a certified copy from the county court clerk. A certified copy from the court functions as an official record for most purposes.
- If the original is not available and you have only a copy, expect the probate court to require additional proof. Courts commonly require evidence of the will’s due execution and a satisfactory explanation for why the original cannot be produced.
What happens if you only have a copy?
Nebraska courts can and do admit copies of wills in limited circumstances, but admitting a copy often requires additional proof. Typical steps include:
- Presenting evidence that the copy is faithful to the original and that the original was properly executed.
- Explaining why the original cannot be produced (for example, lost or destroyed) and proving that its nonproduction is not due to suspicious conduct.
- Calling witnesses who saw the testator sign the original or who can identify the testator’s handwriting or signature.
- Possibly using expert examination (handwriting, ink analysis, or forensic document specialists) when authenticity is contested.
Because the probate court’s rules and evidentiary standards can be complex, an attorney can advise on the precise showing required in your county and help assemble the proof.
Chain of custody and suspicious circumstances
If anyone claims the original has been destroyed, lost, or withheld, the court will examine the facts. Evidence about who had access to the original, where it was stored (safe-deposit box, lawyer’s file, home safe), and how you received the copy may affect the court’s view of authenticity. If there are allegations of fraud, forgery, undue influence, or suspicious circumstances, immediate legal counsel is advisable.
When to get help from an attorney or document examiner
- If the estate is large or the beneficiaries are likely to dispute the will.
- If you only have a copy and the original cannot be located.
- If signatures look inconsistent or you suspect forgery or undue influence.
- If a safe-deposit box or attorney’s file is involved and requires court action to access.
Helpful hints
- Keep the document safe and limit handling; do not try to repair tears or use tape.
- Photograph the will (front and back) to preserve a digital record before transporting it to the court or an attorney.
- Ask the person who gave you the document where it came from and whether they know if it was filed earlier with the county court or an attorney.
- Check the decedent’s papers for a copy of a will, a memo about the will’s location, or correspondence with an attorney.
- If the will is in a safe-deposit box, don’t force entry. Nebraska law and bank policies govern post-death access and a court order may be needed.
- If you intend to submit the document to probate, contact the county court clerk in the county where the decedent lived. If you want the court to act quickly, ask about the clerk’s procedure for filing a will and opening probate.
- Get a certified copy from the court after the will is filed or admitted to probate. A certified copy is the most reliable paper evidence for heirs, banks, and title companies.
For statutory text and specifics about how Nebraska handles will execution and probate procedures, consult Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For practical probate procedures and local court contacts, see the Nebraska Judicial Branch probate resources: https://supremecourt.nebraska.gov/self-help/probate.
If you are unsure what to do next, contacting a Nebraska probate attorney for an initial consultation will help you understand your options and the evidence you should gather to prove whether the document is the original will.